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CJEU Case C-220/17/ Judgment

Planta Tabak-Manufaktur Dr. Manfred Obermann GmbH & Co. KG v Land Berlin

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
First Chamber
Decision date:
30/01/2019

Key facts

  1. This request for a preliminary ruling concerns the validity of Article 7(1), (7) and (14), Articles 8 to 11, in particular the second subparagraph of Article 9(1), the second sentence of Article 9(4)(a), Article 9(6), Article 10(1)(b), (e) and (f), the first sentence of the first subparagraph of Article 11(1) and Article 13(1)(c), and the interpretation of Article 7(14) and Article 13(1)(c) and (3) of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014 L 127, p. 1, and corrigendum OJ 2015 L 150, p. 24).
  2. The request has been made in proceedings between Planta Tabak-Manufaktur Dr. Manfred Obermann Gmbh & Co. KG (‘Planta Tabak’) and Land Berlin (the Land of Berlin, Germany) concerning the prohibition of placing certain tobacco products on the market and the rules on the labelling and packaging of tobacco products.

Judgement

On those grounds, the Court (First Chamber) hereby rules:

  1. Examination of the first question referred for a preliminary ruling has disclosed no factor of such a kind as to affect the validity of Article 7(1), (7) and (14) of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC.
  2. Article 7(14) of Directive 2014/40 must be interpreted as meaning, first, that the concept of ‘product category’ within the meaning of that provision covers cigarettes and roll-your-own tobacco and, second, that the procedure to be followed for determining whether a particular tobacco product reaches the 3% limit laid down in that provision must be established in accordance with the domestic law of the Member State concerned.
  3. Articles 8 to 11 of Directive 2014/40 must be interpreted as not allowing the Member States to determine transposition periods additional to those provided for in Articles 29 and 30 of that directive.
  4. Examination of the second question referred for a preliminary ruling has disclosed no factor of such a kind as to affect the validity of the second subparagraph of Article 9(1), the second sentence of Article 9(4)(a), Article 9(6), Article 10(1)(b), (e) and (f), and the first sentence of the first subparagraph of Article 11(1) of Directive 2014/40.
  5. Article 13(1)(c) and (3) of Directive 2014/40 must be interpreted as requiring the Member States to prohibit the use of information referring to taste, smell, flavourings or other additives even where that information is not promotional information and the use of the ingredients concerned is still permitted.
  6. Examination of the third question referred for a preliminary ruling has disclosed no factor of such a kind as to affect the validity of Article 13(1)(c) and (3) of Directive 2014/40.